Terms of use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Environmental Defense Fund, Incorporated ("EDF", "we" or "us"). The following terms and conditions (these "Terms of Use"), govern your access to and use of the data offered on or through this website (the "Data").

By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Data.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Data following the posting of revised Terms of Use means that you accept and agree to the changes. If a modification is unacceptable to you, you may terminate this agreement by ceasing use of the Data. You are expected to check this page so you are aware of any changes, as they are binding on you.

Changes to the Data; Termination of Access to the Data

You acknowledge and agree that the form, nature, and content of the Data that is made available on the website may change from time to time without prior notice to you. You also acknowledge that the data in the AQDC will be made public automatically one year after data upload to encourage transparency and community engagement unless you contact info@aqdatacommons.org with an extension request prior to the one year mark. You further acknowledge and agree that EDF may stop (temporarily or permanently) making the data available (or any data or features within the website) to you at EDF's sole discretion, without prior notice to you. EDF reserves the right to refuse or discontinue access to the website to anyone, at any time in its sole discretion with or without notice.

EDF's Proprietary Rights.

You acknowledge and agree that EDF owns all legal right, title and interest in and to the Data, including any intellectual property rights that subsist in the Data (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Except for the rights provided under the Creative Commons 01.0 Universal or Creative Commons Attribution 4.0 Public License (collectively referred to as the "data license"), which are incorporated into this Terms of Use, these Terms of Use do not grant anyone any additional title or right to any intellectual property rights that may subsist in the Data. By acknowledging and agreeing to these Terms of Use, you are agreeing to the terms and conditions of the CC0. A copy of the CC0 and CCBy data licenses are provided here and here respectively.

The EDF name, the EDF logo, and all related names, logos, designs, and slogans are trademarks of EDF or its affiliates or licensors. You must not use such marks without the prior written permission of EDF.

Prohibited Uses

You may use the Data and AQDC data platform only in accordance with these Terms of Use. You agree not to use the Data in any way that violates this Terms of Use, the data licenses, and any applicable federal, state, local, or international law or regulation.

In using the Data, you may not use the Data to display content that falsely expresses or implies that such content is sponsored or endorsed by EDF and the Air Sensor Workgroup. You may not attribute the Data in a false or misleading manner.

EDF reserves the sole right and discretion to determine whether your use of the Data is in compliance with these Terms of Use.

Terminating this Agreement

You may terminate your legal agreement with EDF under these Terms of Use by discontinuing your use of the Data at any time. EDF may terminate your right to use the Data at any time, with or without cause and with or without notice. Upon termination, those Terms that by their nature are intended to continue indefinitely will continue to apply.

EXCLUSION OF WARRANTIES

YOU ACKNOWLEDGE THAT ALL DATA MADE AVAILABLE BY EDF IS PROVIDED BY EDF "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDF EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, ACCURACY OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE DATA IS AT YOUR SOLE RISK AND THAT THE DATA IS PROVIDED " AS IS " AND " AS AVAILABLE. " IN PARTICULAR, EDF AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:

(a) YOUR USE OF THE DATA WILL MEET YOUR REQUIREMENTS;
(b) YOUR USE OF THE DATA WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE DATA WILL BE ACCURATE OR RELIABLE; (d) THE DATA IS ERROR OR BUG FREE; AND
(e) THE DATA IS DESIGNED, MANUFACTURED OR INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK ACTIVITY.

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDF, OR THROUGH OR FROM THE DATA, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EDF AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR:

(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS);
(b) ANY LOSS OR DAMAGE AS A RESULT OF:
(i) ANY CHANGES THAT EDF MAY MAKE TO THE DATA, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF YOUR RIGHT TO DOWNLOAD OR USE THE DATA (OR ANY FEATURES WITHIN THE DATA); OR
(ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE DATA.

THE LIMITATIONS ON EDF’S LIABILITY TO YOU WILL APPLY WHETHER OR NOT EDF OR ITS AFFILIATES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

Indemnity

To the fullest extent permitted by law, you hereby agree to indemnify and hold EDF, its officers, directors, agents, and affiliates ("the Indemnified Parties") harmless from and against any claim, expense, or liability of any kind (including, without limitation, incidental and consequential damages, court costs, attorney’s fees and costs of investigation), that arises directly or indirectly, in whole or in part, from your use of the Data, including any secondary or derivative use of the Data. You also specifically acknowledge and agree to have an immediate and independent obligation to defend the Indemnified Parties from any claim that may fall within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to you by the Indemnified Party and continues at all times thereafter.

No Waiver

You agree that if EDF does not exercise or enforce any legal right or remedy contained in the Terms of Use (or that EDF has the benefit of under any applicable law), this will not be taken to be a formal waiver of EDF's rights and that those rights or remedies will still be available to EDF. Any waiver of any provision of these Terms of Use will be effective only if EDF expressly states in a signed writing that it is waiving a specified Term.

Severability

If any court of law that has jurisdiction rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.

Governing Law and Jurisdiction

The Terms of Use, and your relationship with EDF under the Terms of Use, are governed by the laws of the State of New York, USA, without regard to its conflict of laws provisions. You and EDF agree to submit to the exclusive, personal jurisdiction of the federal or state courts of New York, New York, USA, to resolve any legal matter arising from or related to the Terms of Use. Notwithstanding this, you agree that EDF will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.